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To promote stable, constructive labor-management relations through the resolution and prevention of labor disputes in a manner that gives full effect to the collective-bargaining rights of employees, unions, and agencies.

8 FLRA No. 64
DEFENSE COMMUNICATIONS AGENCY
DEFENSE COMMERCIAL COMMUNICATIONS
OFFICE, SCOTT AIR FORCE BASE,
ILLINOIS
Activity
and
NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES, LOCAL R7-23
Labor Orgnization/Petitioner
Case No. 5-CU-23
DECISION AND ORDER CLARIFYING UNIT
UPON A PETITION DULY FILED UNDER SECTION 7111(B)(1) OF THE FEDERAL
SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE), A HEARING WAS
HELD BEFORE A HEARING OFFICER OF THE AUTHORITY. THE HEARING OFFICER'S
RULINGS MADE AT THE HEARING ARE FREE FROM PREJUDICIAL ERROR AND ARE
HEREBY AFFIRMED.
UPON THE ENTIRE RECORD IN THIS CASE, INCLUDING THE ACTIVITY'S BRIEF,
THE AUTHORITY FINDS: THE LABOR ORGANIZATION FILED THE INSTANT PETITION
SEEKING A CLARIFICATION OF STATUS OF NON-SUPERVISORY GS-13, 14 AND 15
EMPLOYEES OF THE ACTIVITY. /1/ THE ACTIVITY'S POSITION IS THAT ALL SUCH
EMPLOYEES ARE MANAGEMENT OFFICIALS AND ARE THUS EXCLUDED FROM THE
EXISTING EXCLUSIVELY RECOGNIZED UNIT UNDER SECTION 7103(A)(11). /2/
THE ACTIVITY, THE DEFENSE COMMERCIAL COMMUNICATIONS OFFICE (DECCO),
IS A FIELD ACTIVITY OF THE DEFENSE COMMUNICATIONS AGENCY. THE BASIC
MISSION OF DECCO IS TO PROCURE, PAY AND ACCOUNT FOR LONG-LINE CIRCUITS,
COMMUNICATION CIRCUITS AND THE FACILITIES AND EQUIPMENT THAT ARE
APPLICABLE TO SUCH CIRCUITS FOR THE DEPARTMENT OF DEFENSE, THE ARMY, THE
NAVY, THE AIR FORCE, THE MARINES, AND THE FEDERAL AVIATION
ADMINISTRATION, AS WELL AS SOME SMALLER AGENCIES WHEN SO DESIGNATED BY
THE SECRETARY OF DEFENSE.
THE QUESTION IS WHETHER THE DUTIES AND RESPONSIBILITIES OF THE
INCUMBENTS OF THE THREE POSITIONS AT ISSUE ARE THOSE OF MANAGEMENT
OFFICIALS WITHIN THE MEANING OF SECTION 7103(A)(11) OF THE STATUTE. THE
AUTHORITY HAS HELD THAT MANAGEMENT OFFICIALS ARE THOSE INDIVIDUALS WHO:
(1) CREATE, ESTABLISH OR PRESCRIBE GENERAL PRINCIPLES, PLANS OR COURSES
OF ACTION FOR AN AGENCY; (2) DECIDE UPON OR SETTLE UPON GENERAL
PRINCIPLES, PLANS OR COURSES OF ACTION FOR AN AGENCY; OR (3) BRING
ABOUT OR OBTAIN A RESULT AS TO THE ADOPTION OF GENERAL PRINCIPLES, PLANS
OR COURSES OF ACTION FOR AN AGENCY. DEPARTMENT OF THE NAVY, AUTOMATIC
DATA PROCESSING SELECTION OFFICE, 7 FLRA NO. 24 (1981).
SENIOR CIVILIAN ADVISOR, PUBLIC UTILITIES OFFICER, GS-15-1130
THE AUTHORITY FINDS THAT THE SENIOR CIVILIAN ADVISOR, PUBLIC
UTILITIES OFFICER, GS-15-1139, IS A MANAGEMENT OFFICIAL WITHIN THE
MEANING OF SECTION 7103(A)(11) OF THE STATUTE, IN THAT HE BRINGS ABOUT
OR OBTAINS A RESULT AS TO THE ADOPTION OF PLANS OR COURSES OF ACTION FOR
THE ACTIVITY WITH RESPECT TO OVERALL OPERATIONAL AND ADMINISTRATIVE
PROBLEMS, AND PERSONNEL MATTERS. IN THIS REGARD, HIS ROLE EXTENDS
BEYOND THAT OF AN EXPERT OR PROFESSIONAL RENDERING RESOURCE INFORMATION
WITH RESPECT TO POLICIES, TO THE POINT OF ACTIVE PARTICIPATION IN THE
ULTIMATE DETERMINATION AS TO WHAT THE ACTIVITY'S POLICIES IN FACT WILL
BE REGARDING ITS OVERALL OPERATION AND ADMINISTRATION, AMONG OTHER
MATTERS. ACCORDINGLY, THE SENIOR CIVILIAN ADVISOR, PUBLIC UTILITIES
OFFICER, GS-15-1130, MUST BE EXCLUDED FROM THE EXCLUSIVELY RECOGNIZED
UNIT.
COMPUTER SPECIALIST (DATA BASE ADMINISTRATOR), GS-13-0334
THE AUTHORITY FINDS THAT THE COMPUTER SPECIALIST (DATA BASE
ADMINISTRATOR), GS-13-0334, IS NOT A MANAGEMENT OFFICIAL INASMUCH AS HE
DOES NOT "FORMULATE, DETERMINE, OR INFLUENCE THE POLICIES OF THE AGENCY"
WITHIN THE MEANING OF SECTION 7103(A)(11) OF THE STATUTE. RATHER, THE
INDIVIDUAL IN THIS POSITION IS AN EXPERT OR PROFESSIONAL WHOSE ACTIONS
ASSIST IN IMPLEMENTING, AS OPPOSED TO SHAPING, THE ACTIVITY'S POLICIES
IN THE AREAS OF DATA BASE INFORMATION MANAGEMENT AND CONCEPTS, AS WELL
AS, THE SECURITY OF SUCH INFORMATION. IN THIS REGARD, THE ROLE OF THE
INCUMBENT IS LIMITED TO DEVELOPMENT OF SUCH DATA BASE INFORMATION AND
ITS MANAGEMENT IN SUPPORT OF THE ACTIVITY'S PROGRAM EFFORTS, BUT DOES
NOT EXTEND BEYOND THAT POINT OF CREATING, SETTLING UPON OR BRINGING
ABOUT THE ACTIVITY'S POLICY DETERMINATIONS IN ANY OF THESE AREAS.
ACCORDINGLY, THE AUTHORITY CONCLUDES THAT THE POSITION OF COMPUTER
SPECIALIST (DATA BASE ADMINISTRATOR), GS-13-0334, SHOULD BE INCLUDED IN
THE EXCLUSIVELY RECOGNIZED UNIT.
PUBLIC UTILITIES RATES AND TARIFFS SPECIALIST, GS-14-1130
THE AUTHORITY FINDS THAT THE INCUMBENT OF THIS POSITION IS NOT A
MANAGEMENT OFFICIAL INASMUCH AS HE DOES NOT "FORMULATE, DETERMINE, OR
INFLUENCE THE POLICIES OF THE AGENCY" WITHIN THE MEANING OF SECTION
7103(A)(11) OF THE STATUTE. RATHER, THE INDIVIDUAL IN THIS POSITION IS
AN EXPERT OR PROFESSIONAL WHOSE ACTIONS ASSIST IN IMPLEMENTING, AS
OPPOSED TO SHAPING, THE ACTIVITY'S POLICIES IN THE AREA OF UTILITY RATES
AND TARIFFS. IN THIS REGARD, THE ROLE OF THE INCUMBENT IS LIMITED TO
PROVIDING ASSISTANCE AND EXPERTISE AND TO OVERSEEING THE ACTIVITY'S
OPERATIONS TO ENSURE THAT IT IS IN ACCORDANCE WITH THE FEDERAL
COMMUNICATIONS COMMISSION'S AND DECCO'S POLICIES IN THE RATES AND
TARIFFS AREA, BUT DOES NOT EXTEND BEYOND THAT TO A POINT OF CREATING,
SETTLING UPON OR BRINGING ABOUT THE ACTIVITY'S POLICY DETERMINATIONS IN
THIS AREA. ACCORDINGLY, THE AUTHORITY CONCLUDES THAT THE POSITION OF
PUBLIC UTILITIES RATES AND TARIFFS SPECIALIST, GS-14-1130, SHOULD BE
INCLUDED IN THE EXCLUSIVELY RECOGNIZED UNIT.
ORDER
IT IS HEREBY ORDERED THAT THE UNIT SOUGHT TO BE CLARIFIED, IN WHICH
THE NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES, LOCAL R7-23 WAS
CERTIFIED AS THE EXCLUSIVE REPRESENTATIVE ON JUNE 21, 1974, BE, AND IT
HEREBY IS, CLARIFIED BY INCLUDING IN SAID UNIT THE POSITIONS OF COMPUTER
SPECIALIST (DATA BASE ADMINISTRATOR), GS-13-0334, AND PUBLIC UTILITIES
RATES AND TARIFFS SPECIALISTS, GS-14-1130, AND BY EXCLUDING FROM SAID
UNIT THE POSITION OF SENIOR CIVILIAN ADVISOR, PUBLIC UTILITIES OFFICER,
GS-15-1130.
ISSUED, WASHINGTON, D.C., MARCH 26, 1982
RONALD W. HAUGHTON, CHAIRMAN
HENRY B. FRAZIER III, MEMBER
LEON B. APPLEWHAITE, MEMBER
FEDERAL LABOR RELATIONS AUTHORITY
--------------- FOOTNOTES: ---------------
/1/ PRIOR TO THE HEARING, THE PARTIES REACHED AGREEMENT AS TO THE
STATUS OF ALL BUT THREE OF THE CONTESTED POSITIONS. THUS, THE ONLY
QUESTION BEFORE THE AUTHORITY IS THE STATUS OF THE SENIOR CIVILIAN
ADVISOR, PUBLIC UTILITIES OFFICER, GS-15-1130; COMPUTER SPECIALIST
(DATA BASE ADMINISTRATOR), GS-13-0334; AND PUBLIC UTILITIES RATES AND
TARIFFS SPECIALIST, GS-14-1130.
/2/ SECTION 7103(A)(11) OF THE STATUTE PROVIDES:
(11) "MANAGEMENT OFFICIAL" MEANS AN INDIVIDUAL EMPLOYED BY AN AGENCY
IN A POSITION THE
DUTIES AND RESPONSIBILITIES OF WHICH REQUIRE OR AUTHORIZE THE
INDIVIDUAL TO FORMULATE,
DETERMINE, OR INFLUENCE THE POLICIES OF THE AGENCY(.)